Bill Summary – FastDemocracy

MURIEL BOWSER

     MAYOR

August 17, 2023

Honorable Phil Mendelson

Chairman

Council of the District of Columbia

John A. Wilson Building

1350 Pennsylvania Avenue, NW, Suite 504

Washington, DC 20004

Dear Chairman Mendelson:

Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1-

204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code§

2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is

proposed Modification No. M02 to Contract No. CW88823 with Mansfield Oil Company of

Gainesville, Inc. to increase option year one by $3,500,000 from $11,500,000 to a total not-to­

exceed amount to $15,000,000. The period of performance is from the date of execution to

November 18, 2023.

Under the proposed modification, Mansfield Oil Company of Gainesville, Inc. shall continue to

provide various types of fuel to several fuel storage sites throughout the District. The fuel types

include regular, mid-grade, ethanol, diesel, and biodiesel, which are critical to the operation of the

District's fleet of vehicles.

My administration is available to discuss any questions you may have regarding the proposed

contract. In order to facilitate a response to any questions you may have, please have your staff

contact Marc Scott, Chief Operating Officer, Office of Contracting and Procurement, at (202) 724-

8759.

I look forward to the Council's favorable consideration of this contract.

Sincerely,

                 GOVERNMENT OF THE DISTRICT OF COLUMBIA

                      Office of Contracting and Procurement

Pursuant to section 202(c-1) of the Procurement Practices Reform Act of 2010, as amended, D.C.

Official Code § 2-352.02(c-1), the following contract summary is provided:

                                COUNCIL CONTRACT SUMMARY

                                         (Standard)

(A) Contract Number:                         CW88823

Proposed Contractor:                         Mansfield Oil Company of Gainesville, Inc. (Mansfield)

     Modification Amount:                    $3,500,000 not-to-exceed (NTE):

     Unit and Method of Compensation: Price per gallon

     Term of Modification:                   Date of execution through November 18, 2023

     Type of Contract:                       Requirements

     Source Selection Method:                Cooperative Purchasing Agreement

(B) For a contract containing option periods, the contract amount for the base period and for each

    option period. If the contract amount for one or more of the option periods differs from the

    amount for the base period, provide an explanation of the reason for the difference:

     Base Period Amount:         $11,500,000 NTE (CA24-0323)

     Option Period One Amount: $11,500,000 (CA24-0693)

     Proposed Modification M02 will increase the NTE ceiling by $3,500,000

     Explanation of difference from base period (if applicable): The District fuel consumption

     increased compared to the base period of the contract due to residual effects of the pandemic. Fuel

     consumption is expected to stabilize in the remaining option years as the District’s operations return

     to normal.

     Option Period Two Amount: $15,000,000 NTE

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     Explanation of difference from base period (if applicable): Increased usage due to return to

     normal operations.

     Option Period Three Amount:        $15,000,000

     Explanation of difference from base period (if applicable): Increased usage due to return to

     normal operations.

(C) The goods or services to be provided, the methods of delivering goods or services, and any

    significant program changes reflected in the proposed contract:

     The contractor will be required to supply regular, mid-grade, diesel, bio-diesel and ethanol fuel to

     the District fueling sites utilizing tanker or wagon delivery vehicles. The District fuel consumption

     has increased since the contract was awarded in 2021. As the District agencies return to their normal

     operations, fuel consumption has gradually increased.

(D) The selection process, including the number of offerors, the evaluation criteria, and the

    evaluation results, including price, technical or quality, and past performance components:

     On November 19, 2021, the District awarded delivery order no. CW88823 issued against

     cooperative agreement no. 53315 with Mansfield in the not-to-exceed amount of $11,500,000. This

     cooperative agreement is administered by the National Intergovernmental Purchasing Alliance

     Company (National IPA) through the City of Fort Worth, TX. The District exercised option year

     one on November 19, 2022. The unit prices for each type of fuel follow a standard pricing structure

     based on the Oil Price Information Service Daily Published Benchmark for each location. The fuel

     prices offered through the cooperative agreement are based on the lowest unbranded published price

     in each market on the date of delivery, plus the applicable differential per terminal city. Freight

     charges from the terminal to the set destination and applicable taxes are included.

     Mansfield has been providing fuel to the District for several years and its performance under the

     current contract and previous contracts has been satisfactory.

(E) A description of any bid protest related to the award of the contract, including whether the

    protest was resolved through litigation, withdrawal of the protest by the protestor, or

    voluntary corrective action by the District. Include the identity of the protestor, the grounds

    alleged in the protest, and any deficiencies identified by the District as a result of the protest:

     None

(F) The background and qualifications of the proposed contractor, including its organization,

    financial stability, personnel, and performance on past or current government or private

    sector contracts with requirements similar to those of the proposed contract:

     Since Mansfield Oil Company was founded in 1957, it has become a major supplier of fuel supply,

     logistics, additives and strategic solutions across North America. The contractor has been delivering

     approximately three billion gallons of fuel and complementary products annually from their 900 fuel

     supply points, serving airports, car rental companies, convenience stores, forestry and government

                                                   2

      agencies, retailers, manufacturing organizations, marinas, quarries, transportation fleets and trucking

      firms, universities, utilities and waste management companies. The contractor’s Dun & Bradstreet

      Report dated March 6, 2023 indicates a clear history with secured financing status.

(G) A summary of the subcontracting plan required under section 2346 of the Small, Local, and

    Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,

    D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the subcontracting

    plan meets the minimum requirements of the Act and the dollar volume of the portion of the

    contract to be subcontracted, expressed both in total dollars and as a percentage of the total

    contract amount:

      Subcontracting is not required for this contract.

(H) Performance standards and the expected outcome of the proposed contract:

      The Contractor shall make fuel deliveries to specified locations in the District and at increments

      subject to the terms and conditions of the delivery order.

(I)   The amount and date of any expenditure of funds by the District pursuant to the contract

      prior to its submission to the Council for approval:

      The District exercised option year one for $11,500,000 NTE after receiving Council approval. The

      District is proposing to increase the NTE amount by $3,500,000 for the current option year and

      subsequent option years.

(J)   A certification that the proposed contract is within the appropriated budget authority for the

      agency for the fiscal year and is consistent with the financial plan and budget adopted in

      accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:

      The Office of the Chief Financial Officer has certified the availability of required FY2023 funds and

      has certified that the required FY2023 funds are consistent with the District’s approved financial

      plan and budget.

(K) A certification that the contract is legally sufficient, including whether the proposed contractor

    has any pending legal claims against the District:

      The proposed contract modification has been reviewed by the Office of the Attorney General prior

      and certified as legally sufficient. The contractor currently has no legal claims pending against the

      District.

(L) A certification that Citywide Clean Hands database indicates that the proposed contractor is

    current with its District taxes. If the Citywide Clean Hands Database indicates that the

    proposed contractor is not current with its District taxes, either: (1) a certification that the

    contractor has worked out and is current with a payment schedule approved by the District;

    or (2) a certification that the contractor will be current with its District taxes after the District

    recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b):

                                                     3

      A certification has been issued by the Citywide Clean Hands database indicating that the proposed

      contractor is current with its District taxes.

(M) A certification from the proposed contractor that it is current with its federal taxes, or has

    worked out and is current with a payment schedule approved by the federal government:

      The proposed contractor has certified that they are current with federal taxes.

(N) The status of the proposed contractor as a certified local, small, or disadvantaged business

    enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise Development

    and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq.:

      The proposed contractor is not a certified business enterprise.

(O) Other aspects of the proposed contract that the Chief Procurement Officer considers

    significant:

      None

(P) A statement indicating whether the proposed contractor is currently debarred from providing

    services or goods to the District or federal government, the dates of the debarment, and the

    reasons for debarment:

      The proposed contractor is not debarred or excluded from providing services to the District or federal

      governments.

(Q) Any determination and findings issues relating to the contract’s formation, including any

    determination and findings made under D.C. Official Code § 2-352.05 (privatization

    contracts):

      Determination & Findings for Contractor Responsibility

      Determination & Findings for Price Reasonableness

(R) Where the contract, and any amendments or modifications, if executed, will be made available

    online:

      www.ocp.dc.gov.

(S)   Where the original solicitation, and any amendments or modifications, will be made available

      online:

      Not applicable

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                  Government of the District of Columbia

                  Office of the Chief Financial Officer                                                1101 4th Street, SW

                  Office of Tax and Revenue                                                            Washington, DC 20024

Date of Notice:   July 27, 2023                                                Notice Number: L0009772645

MANSFIELD OIL CO OF GAINESVILLE INC                                            FEIN: **-***1383

1025 AIRPORT PKWY                                                              Case ID: 1576694

GAINESVILLE GA 30501-6813

                                           CERTIFICATE OF CLEAN HANDS

    As reported in the Clean Hands system, the above referenced individual/entity has no outstanding

CO

    liability with the District of Columbia Office of Tax and Revenue or the Department of Employment

    Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore

    this Certificate of Clean Hands is issued.

               TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES

                                 CHAPTER 28 GENERAL LICENSE

             SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT

                                    D.C. CODE § 47-2862 (2006)

                         PY

                § 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT

     Authorized By Melinda Jenkins

     Branch Chief, Collection and Enforcement Administration

    To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the

    “Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.

                         1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov

          GOVERNMENT OF THE DISTRICT OF COLUMBIA

              OFFICE OF THE CHIEF FINANCIAL OFFICER

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         FINANCIAL PLAN AND BUDGET CERTIFICATION

CONTRACT NUMBER:                   CW88823

CAPTION:                           District Fuel

CONTRACTOR NAME:                   Mansfield Oil CompanyofGainesville, Inc.

CONTRACT AMOUNT:                   $15,000,000

ORGANIZATION CODE:                 KTO

PERIOD OF PERFORMANCE:             November 19, 2022, through November 18, 2023

I hereby certify that the Department of Public Works (DPW) has funding in the amount

of $11,200,000 and that the goods are within the appropriate budget authority for the

agency for FY23 and is consistent with the financial plan and budget adopted in

accordance with § 47-392.01 and 47-392.02. The $2,600,000 is contingent upon

additional budget authority approval in FY23. The FY24 portion of the contract

($1,200,000) is subject to future appropriation.

                                                   73-4033

                                                   _

erry Fitepattick,    AFB                           Date

                   GOVERNMENT OF THE DISTRICT OF COLUMBIA

                          Office of the Attorney General

ATTORNEY GENERAL

BRIAN L. SCHWALB

Commercial Division

MEMORANDUM

TO:            Tommy Wells

               Director

               Office of Policy and Legislative Affairs

FROM:          Robert Schildkraut

               Section Chief

               Government Contracts Section

DATE:          June 2, 2023

SUBJECT:    Approval of Modification no. 02 for Contract for District Fuel: Unleaded,

            Midgrade, Diesel, Biodiesel B5 and B20, and Ethanol

            Contract Number: CW88823

            Contractor: Mansfield Oil Company of Gainesville, Inc.

            Proposed Contract Amount: $15,000,000 (NTE)

                                         M01 exercised OY1 for $11,500,000 (NTE)

                                         Proposed M02 will increase the NTE ceiling by

                                         $3,500,000

____________________________________________________________________________

This is to Certify that this Office has reviewed the above-referenced Contract and that we have

found it to be legally sufficient. We have reviewed and approve the current contract package for

legal sufficiency.

If you have any questions in this regard, please do not hesitate to call me at (202) 724-4018.

______________________________

       Robert Schildkraut

               400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400

                                                                                                             1. Contract Number                   Page of Pages

AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT                                                         CW88823                          1          1

2. Amendment/Modification Number         3. Effective Date                    4. Requisition/Purchase Request No.          5. Solicitation Caption

M02                                      See Box 16C                                                                       District Fuel

6. Issued by:                                            Code                      7. Administered by (If other than line 6)

Office of Contracting and Procurement                                              Department of Public Works

Transportation and Specialty Equipment Commodity Group                             Fleet Management Administration

2000 14th Street, NW, 6th Floor                                                    2000 14th Street, NW, 6th Floor

Washington, DC 20009                                                               Washington, DC 20009

8. Name and Address of Contractor (No. street, city, county, state and zip code)             9A. Amendment of Solicitation No.

Mansfield Oil Company of Gainesville, Inc                                                    9B. Dated (See Item 11)

1025 Airport Parkway, SW

                                                                                        X    10A. Modification of Contractor/Order No.

Gainesville, GA 30501

                                                                                             CW88823

                                                                               10B. Dated (See Item 13)

Code                                               Facility                    November 19, 2021

                                         11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

     The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers     is extended.    is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

 (a) By completing Items 8 and 15, and returning 1 copy of the amendment: (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) BY separate letter or fax which includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF

YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such may be made by letter or fax, provided each letter or

telegram makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting and Appropriation Data (If required):

                                13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTORS/ORDERS,

                                      IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14

 X       A. This change order is issued pursuant to (Specify Authority): 27 DCMR, Chapter 36, Section 3601.2

            The changes set forth in Item 14 are made in the contract/order no. in item 10A.

         B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation data

            etc.) set forth in item 14, pursuant to the authority of 27 DCMR, Chapter 36, Section 3601.3

         C. This supplemental agreement is entered into pursuant to authority of:

        D. Other (Specify type of modification and authority)

        27 DCMR 2008 Exercise of an Option

E. IMPORTANT: Contractor           is not      is required to sign this document and return 1 copy to the issuing office.

14. Descr